Lynch: It’s our right to inspect records in all forms

Our world today is so different from what it was just a decade ago. Back then, social media was a foreign concept to many of us. Today, it’s a part of life for Americans of all ages. We blog, play games, connect with loved ones around the globe and so much more through our devices. It was only a matter of time before politicians and elected officials started taking advantage of social media.

This election cycle, we’ve seen Donald Trump take to Twitter and post with the class of a foul-mouthed, out-of-control 8-year-old boy. He’s not alone in his use of social media, although one hopes most others use it with some semblance of maturity. Our Sens. Martin Heinrich and Tom Udall and Rep. Steve Pearce have very active online presences. So does our lieutenant governor, various state legislators and members of city and county government.

One of those was Mayor Susie Galea in Alamogordo. Her Facebook page identified her as the mayor and contained content relating to city business. When Wendy Irby filed a request with the city to inspect the contents of the page under the Inspection of Public Records Act (IPRA), the city refused, claiming the page wasn’t a public record or created “on behalf of the city.” So Ms. Irby took it to court, and won. District Judge Jerry Ritter ruled the city of Alamogordo and Galea violated the law. He wrote the city’s reasoning to refuse the request substituted “a shell game for the right of the public to be aware of the actions of its public officials.”

While IPRA was created before the rise of social media, it clearly addresses the public’s right to access public records. Whether that means papers in a file cabinet or recordings from a council meeting or information put out on Facebook by the mayor for her constituents, it’s all covered under the same law and the people are entitled to access it to ensure transparency. In fact, IPRA doesn’t specify what form of records are included under the law. It’s very open in that regard and, because of that, allows us to hold our officials accountable, no matter what the advances in technology and media might be in the future.

Irby’s attorney, Blair Dunn, said “We had to go through a lawsuit for the city to recognize that when a public official uses a communication medium — whether that’s Facebook, email or whatever — to talk about public business, that’s a public record.”

That sounds like common sense to me.

Meanwhile, City Attorney Stephen Thies commented that the lines are “blurred” with social media. I doubt those lines are nearly as blurred now.

While this court case is limited by the jurisdiction of the court, this issue is being addressed across the nation and will eventually be dealt with on a national level.

The common sense solution for any elected official is simple: Whatever you do and whatever you say in your position, be prepared to share it with anyone and everyone.

Stay transparent and the best way to do that is not to engage in activities or conversations that you’d be embarrassed to share. (For example, you might want to steer clear of conversations with police dispatchers about drinking coke and eating pizza.)

At any rate, remember that you took an oath to preserve, protect and defend our state and federal constitutions, which includes defending the rights of the people, including our right to know what you’re doing in your role as our public servant.

Simple, huh?

Randy Lynch writes The Midnight Ride Blog at midnightride.co and is the co-founder of the New Mexico Conservative Activist Network. Contact him at midnightridenm@gmail.com.